Second Regular Session H.B. 2090
PROPOSED
SENATE AMENDMENTS TO H.B. 2090
(Reference to the proposed Gray s/e amendment dated 3/16/18; 12:33 p.m.)
Page 2, line 21, after "merchant" strike remainder of line
Line 28, after "merchant" insert "without the use of force or unlawful intimidation"
Page 3, line 1, strike "be compensated" insert "RECEIVE REMUNERATION FROM AN EDUCATIONAL PROVIDER OR A PERSON SUSPECTED OF VIOLATING SUBSECTION A OF THIS SECTION"
Line 2, after "program" insert a period strike remainder of line
Strike line 3, insert "A MERCHANT WHO OFFERS A PRECOMPLAINT EDUCATION PROGRAM SHALL PROVIDE THE PROGRAM THROUGH AN INDEPENDENT THIRD PARTY."
Between lines 7 and 8, insert:
"3. SHALL PROVIDE, AT THE TIME THE PROGRAM IS OFFERED TO A PERSON SUSPECTED OF VIOLATING SUBSECTION A OF THIS SECTION, THE TERMS OF THE PROGRAM IN WRITING, INCLUDING WHAT ACTIONS ARE REQUIRED TO COMPLETE THE COURSE, THE TIMEFRAME IN WHICH THE COURSE MUST BE COMPLETED, THE PAYMENT OPTIONS AND A POINT OF CONTACT FOR THE PROGRAM.
4. MAY NOT RESCIND AN OFFER TO A PERSON TO PARTICIPATE IN THE PRECOMPLAINT EDUCATION PROGRAM IF THE PERSON PARTICIPATING IN THE PROGRAM IS MEETING THE TERMS OF THE AGREEMENT.
5. MAY NOT SEEK PROSECUTION AGAINST A PERSON SUSPECTED OF VIOLATING SUBSECTION A OF THIS SECTION IF THE PERSON SUSPECTED OF THAT VIOLATION HAS SUCCESSFULLY COMPLETED A PRECOMPLAINT EDUCATION PROGRAM IN CONNECTION WITH THAT INCIDENT."
Renumber to conform
Line 8, strike "must" insert "shall"
Page 3, line 9, after "to" insert "all"; after "agencies" insert "and the county or municipal attorney in the jurisdiction"
Line 10, after "program" insert "before implementing the program"
Line 11, strike "must" insert "shall"
Line 15, after "record" insert ", EXCEPT THAT THE INFORMATION MAY BE USED FOR OFFICIAL PURPOSES BY A PUBLIC ENTITY, INCLUDING FOR THE ARREST AND PROSECUTION OF INDIVIDUALS."
Line 16, strike "must" insert "shall"
Between lines 17 and 18, insert:
"9. SHALL OFFER ANY PERSON WHO QUALIFIES FOR THE PRECOMPLAINT EDUCATION PROGRAM AN OPPORTUNITY TO PARTICIPATE REGARDLESS OF AGE, GENDER, DISabILTY, RACE, COLOR OR RELIGION. A PERSON WHO IS BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES MAY BE OFFERED AN OPPORTUNITY TO HAVE THE PROGRAM FEE REDUCED OR WAIVED.
10. SHALL ON REQUEST PROVIDE IDENTIFYING INFORMATION TO LAW ENFORCEMENT AND PROSECUTORS FOR ALL PERSONS WHO HAVE:
(a) BEEN DETAINED BY THE MERCHANT ON SUSPICION OF VIOLATING SUBSECTION A OF THIS SECTION.
(b) BEEN OFFERED PARTICIPATION IN THE PROGRAM.
(c) CONSENTED TO PARTICIPATE IN THE PROGRAM.
(d) COMPLETED THE PROGRAM.
(e) FAILED TO COMPLETE THE PROGRAM."
Amend title to conform